CBP Issues Guidance on National Filing Procedures for ITAR Imports and Exports

U.S. Customs and Border Protection's Port of Miami has issued an Information Bulletin containing guidance on uniform national procedures for imports and exports of commodities controlled under International Traffic in Arms Regulations (ITAR) licenses and license exemptions.

(CBP notes that its information bulletin is intended to provide industry guidance. Reliance solely on this information may not be considered reasonable care.)

Temporary Import/Export of ITAR Goods

CBP states that entries of ITAR-controlled commodities are often released paperless without the proper presentation of either the temporary import or temporary export licenses, or the ITAR exemption statement. The result is the lack of proof of legal importation or exportation of ITAR-controlled goods leading to the possibility of seizure of the commodities.

AES Filing of EEI for Exports Under ITAR License Exemption

At the time of export of shipments controlled under ITAR license exemptions, the exporter or his agent must file the Electronic Export Information (EEI) in the Automated Export System and provide on the invoice the import entry document number on which the exemption was first declared. The CBP officer may request a copy of the import entry document to verify if the exemption was declared.

If the document does not cite the appropriate license exemption, the shipment will be detained for failing to meet the conditions of the license exemption. If it is determined that a violation has occurred, the exporter or authorized agent will be required to make a disclosure to the Directorate of Defense Trade Controls for the violation and obtain a permanent export license (DSP-5) prior to the Fines Penalties & Forfeitures (FP&F) procedures and release of the merchandise.

CBP notes that if a continuous entry bond is available, a single-entry bond will not be required.

ABI Filing for Imports Under ITAR License Exemption

Inbound shipments controlled under ITAR license exemptions, such as 22 CFR 123.4, will be entered via the Automated Broker Interface (ABI). Filers must notate the import entry documents with the proper statements as required for the exemption.

DDTC-Issued Temporary Import or Export Licenses

Importers and customs brokers must submit a paper CBP Form 3461 for all entries that involve a temporary import license (DSP-61) or a temporary export license (DSP-73) issued by DDTC. The temporary import or export licenses must be presented along with all other documents necessary for entry at the time entry is made.

CBP Miami contact - Phyllis Ratliff (Miami Field Office) (305) 810-5121

CBP information bulletin (No. 10-015, dated 02/17/10) available by emailing BP at documents@brokerpower.com